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Minutes July 24, 20012 5 5 CITY OF DENTON CITY COUNCIL MINUTES July 24, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, July 24, 2001 at 5:15 p. m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Fulton, McNeill, Phillips and Redmon. ABSENT: Council Member Burroughs 1. The following items were considered in Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. (1) Discussed and considered strategy and status of litigation with the City's attorneys in litigation styled City of Denton, et al v. TXU Electric Company, et al, Cause No. 009383 currently pending in the 134th District Court of Dallas County, Texas, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. The Council convened into a Work Session of the City of Denton City Council on Tuesday, July 24, 2001 at 6:00 p.m. in the Council Work Session Room in City Hall. 1. Presentation by legal counsel regarding the status of revisions to City Council district boundaries; discussion of Illustrative Redistricting Plan(s); discussion and possible action regarding Redistricting schedule and process. Alan Borjorquez presented three plans for the redistricting process. Changes in the population of the City required the redrawing of the district lines. The law indicated that the lines had to be within 10% deviation with Denton currently at a 35% deviation. Criteria had been adopted at the first meeting concerning this topic. All plans were within the appropriate deviation. Plan 1 was under 10%, Plan 2 was at a 1.21% deviation and Plan 3 had an effort to underpopulate District 4 to deal with anticipated growth. The next step was a public hearing on August 7th to receive public comment regarding one or more of the plans. Mayor Pro Tem Beasley asked about underpopulating District 4 and then not having the anticipated growth in that district. Borjorquez stated that the plan was still within acceptable limits with a 9.13% deviation. Mayor Brock indicated that she had two major concerns with redistricting - keeping communities of interest together and drawing the lines in order to facilitate in the political process. She wanted to make it easier for people to vote. Borjorquez stated that the three plans were able to keep the demographics static and preserved communities of similar interest. 256 City of Denton City Council Minutes July 24, 2001 Page 2 The following citizens presented comments: Richard Salazar, representing Denton LULCA, read a letter of support for Plan 1 (A) (copy attached to agenda back-up materials). It was felt that Plan 1 would keep like communities together. It would minimize confusion and encourage and facilitate citizen participation. The Executive Committee was also in favor of maintaining the current election procedure with the at- large and single member districts. Carl Williams, representing the NAACP, stated that he was waiting on a map from his sources to see how it compared to the proposed plans. He had not yet seen the proposed maps and could not speak to any plan at this point in time. He expressed a concern that all of the plans were going too far south and not far enough north. Not everyone on Bell Avenue was a college student. By moving the lines further south, the African-American and Hispanic vote was being diluted. He felt the maps did not represent the interest and commonalities in that group. Council Member Burroughs joined the meeting. Charyle Heggins, NAACP, wanted to make sure that the lines were straight and that all citizens in the county were counted when drawing the lines. She felt that the district lines should be inclusive in the community. Borjorquez stated that this was the third public meting held on this topic and the first unveiling of the drafts. This meeting was for review of the drafts and for comments. Mayor Brock and Mayor Pro Tem Beasley indicated a preliminary preference for Plan 1 as that plan seemed to best keep populations and neighborhoods together. Council Member Fulton felt that all three plans should be maintained at least through the public hearing for public comments. Council Member Burroughs felt that Plan 1 might be the weakest plan in terms of growth as there was no growth built in Plan 1 for District 4. Council Member McNeill commended the plans for presenting minor disturbances in all of the districts. Both he and Council Member Phillips felt some under population of District 4 made sense. Borjorquez indicated that a fourth plan could be drafted that would incorporate the suggestions made at this meeting and could be provided to staff and council before the next public hearing. Thc last date for adoption would be September 4th. 2. The Council received a report, held a discussion and gave staff direction regarding the following annexation issues: A. Disanncxation - Rector / 1-35N property: the property owner had requested that a 24.39 acre parcel, located at the northwest comer of Rector Road and 1-35, be disannexed. This property was annexed in 1987 when a batch plant was proposed for the site. That was no longer the situation on the property. Consensus of the Council was to proceed with disannexation of the property. City of Denton City Council Minutes July 24, 2001 Page 3 25.7 B. Annexation -Masch Branch Road property: a batch plant had been proposed on approximately 77 acres of land generally located west of Masch Branch Road south of Hampton Road north of Highway 380 in the western section of the City of Denton Extraterritorial Jurisdiction (ETJ). Consensus of the Council was to proceed with the annexation with a portion of the eastem option. C. Annexation - AGF Ranch: the development of a natural gas field was proposed on approximately 882 acres generally located south of Jim Crystal Road and west of C. Wolfe Road in the western section of the City of Denton Extraterritorial Jurisdiction (ETJ). Consensus of the Council was to proceed with the annexation process. D. Annexation - Robson Ranch North: the development of a natural gas field was proposed on approximately 300 acres generally located north of Lively Road, south of FM 2449 and west of C. Wolfe Road in the southwestern section of the City of Denton Extraterritorial Jurisdiction (ET J). Consensus of the Council was to proceed with the annexation process. 3. The Council received a report, held a discussion, and gave staff direction regarding the Interim Residential Regulations, Ordinance 2000-046, adopted by City Council on February 1, 2000, and the Interim Nonresidential Regulations, Ordinance 2000-069, adopted March 2, 2000. Doug Powell, Director of Planning and Development, stated that the interim regulations were put in place to guide development after the adoption of the Denton Comprehensive Plan. There were two set of regulations, one dealing with residential development and one with non-residential development. To date, 20 projects had been reviewed under the regulations and 57 waivers had been granted. Positive implications for repealing the regulations included eliminating the penalty to small residential developments that could not meet density requirements; eliminating a step in the development process; eliminating a large number of requests for relief; allowing other current regulations to prevail; and allowing for the adoption of the new regulations in a short period of time. Negative implications included the loss of the site plan review leading to the potential of poor site development; the loss of Environmentally Sensitive Area protection; and the loss of density guidelines for new development. Staff recommended repealing the interim regulations. Council Member Burroughs indicated that he was in favor of keeping the residential regulations and removing the non-residential regulations. Council Member Redmon was in favor of removing the non-residential regulations in alt areas of the city and keeping the residential regulations for certain areas of the city. Council Member Burroughs suggested removing the regulations for small developments and redefine the standards for small developments. City of Denton City Council Minutes July 24, 2001 Page 4 Mayor Pro Tem Beasley and Council Member McNeill supported the idea of removing the nonresidential and looking at ,suggestions for limiting the regulations for residential development. Consensus of the Council was to repeal the nonresidential regulations and keep the residential regulations with some type of options for smaller tracts until the completion of the development code. 4. The Council received an update, held a discussion, and gave staff direction regarding Residential Containerization and Automated Collection. Howard Martin, Assistant City Manager for Utilities, reviewed the past history concerning automated collection. A 1993 Solid Waste Master Planning Committee had participated in an 18 month process regarding the direction of the solid waste department and in February of 1995 presented their recommendations for review. Key points of the study included waste minimization, maximizing the landfill site life, and maximizing waste diversion through recycling and pay for the services utilized. Vance Kelmer, Director of Solid Waste, presented strategic issues that included changes in regulatory requirements for solid waste disposal, air emissions and recycling; and economic and market factors. Strategies to meet new regulations included an upgrade of vehicles and equipment, automated once per week collection with lighter trucks and improved fuel management systems. Strategies meet the 40% waste reduction requirements included adopting a curbside recycling program, working with community businesses to develop city-wide commercial recycling and implementing community education programs that would emphasize waste minimization. He reviewed strategies to meet economic and market demands including maximizing landfill resources, converting the collection system to containerized pickup and implement a pay as you throw program customers pay by volume. A pilot program for 2,400 homes in a variety of residential settings for one year with a follow up survey mid-term to determine customer satisfaction and service was being proposed. Council Member Phillips stated that no one wanted this system and he was opposed to the proposal. Mayor Brock indicated that she would support not doing this project and indicated that there might be a need to look at other alternatives such as curbside recycling. Council Member Perry indicated opposition to the proposal as the citizens did not want such a program. The following citizens made comments regarding the proposal: Ed Soph, 1620 Victoria, Denton, 76209 expressed concern regarding massive growth in Denton and the need to get a program that was geared to waste minimization. He indicated that pay as you throw could be done with bags and a tag system. Jan Dixon stated that the goal of waste minimization should not be given up. There was a need to find a happy medium to reach that goal. City of Denton City Council Minutes July 24, 2001 Page 5 259 Consensus of the Council was not to proceed with the automated collection system, to dispose of the equipment with as little loss as possible, to continue to look into the pay as you throw program with bags and look into a curbside recycling program. 5. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 6. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Beasley requested an item on the next week's agenda regarding a redistricting plan for the County that was endorsed by the NAACP and LULAC. B. Council Member Redmon requested an executive session item regarding the City's rails to trails relative to billboard signs. With no further business, the meeting was adjourned at 9:30 p.m. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS